Big news in the fight to carry

[Vlad G 345]

http://www.sacbee.com/2012/03/05/4312781/maryland-ruling-a-huge-victory.html

http://www.ammoland.com/2012/03/05/2nd-amendment-victory-in-maryland-woollard-v-sheridan/

http://marylandshallissue.org/2012/03/breaking-news-victory-in-woollard-case/?utm_source=rss&utm_medium=rss&utm_campaign=breaking-news-victory-in-woollard-case

 

etc

 

While a district court doesn't cover NJ if it moves up one more notch in the federal court system it would.

[Vlad G 345]

The entire ruling: http://www.associatedgunclubs.org/legislative/general_interest/US_District_Court_Woollard_v_Sheridan.pdf

[hd2000fxdl 422]

Hey, it's a step in the right direction... Cool..

[Maksim 1,504]

http://baltimore.cbslocal.com/2012/03/05/md-gun-law-found-unconstitutional/

[DirtyDigz 1,812]

Finally, a judge that gets it!:

 

At bottom, this case rests on a simple proposition: If the Government wishes to burden a right guaranteed by the Constitution, it may do so provided that it can show a satisfactory justification and a sufficiently adapted method. The showing, however, is always the Government‘s to make. A citizen may not be required to offer a good and substantial reason why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

[BCeagle 12]

Why cant we find Judges with any brains in NJ?

[Vlad G 345]

Why cant we find Judges with any brains in NJ?

 

It's a Zombie defense mechanism, take it up with Ray Ray or further explanations

[RubberBullets 65]

[RubberBullets 65]

If this is a federal court, wouldnt this finding be a precedent in court cases in NJ as well for being denied a ccw permit?

 

*edit* read federal district court in OP

[Vlad G 345]

It is a Federal district court which only covers a state or a part of a state. I was actually wrong in that even if goes one step higher to a federal appeals court, NJ and MD are not under the same appeals court so it would need to go all the way to the Supreme Court.

[RedBowTies88 41]

So does this ultimately mean that in the near future maryland residents will be carrying?

[SpacemanFry 51]

Wow, amazing, they do exist! (judges that understand constitutional law)

 

This is great news, here's hoping for more rulings like this.

[LorenzoS 100]

A very positive development, but we can be sure it will continue through appeal. Hopefully it will make it to the SCOTUS before more Obama appointees make it to the bench.

 

Just to get this part out of the way now: No Ray, you cannot carry in NJ. Not yet.

[siderman 1,138]

"The rights existence is all the reason he needs"

 

Wow- I just keep reading that over and over....

[Twospot 38]

This is a beautiful thing. Its a nice step...

[Midwest 28]

This is certainly encouraging news.

[BigHayden 77]

It is a Federal district court which only covers a state or a part of a state. I was actually wrong in that even if goes one step higher to a federal appeals court, NJ and MD are not under the same appeals court so it would need to go all the way to the Supreme Court.

 

That's what I was going to bring up. MD is the 4th circuit and NJ is 3rd.

 

Still, a positive ruling in the 4th and a negative in the 3rd would give us the type of split that SCOTUS loves to resolve.

[Tactical Monkey 51]

One small step for man, one giant leap for mankind

[DirtyDigz 1,812]

I hope the NJ attorney general doesn't kick his dog when he goes home tonight...

[PDM 91]

^{This will definitely help when Muller v Maenza makes it to the 3rd circuit ct of appeals. Remember Judge Walls (NJ District judge who heard the carry case and granted the state summary judgment)? He asked whether Jensen could name one other court that held the 2A applies outside the home. Well, now there is a good answer. This is a very, very good decision and a huge win IMO.}

[BigHayden 77]

I just read the whole decision. It's not great, but it is really good, and that may be the best we're ever going to see. The judge goes beyond what other courts have said, even courts in his own district, but he's not biting on some of the arguments that Gura made and that we all agree with. That's ok, because the outcome is good and the reasoning in the section that applies (intermediate scrutiny, if anyone wants to read the section that won the case for Wollard) is solid. Here's hoping that MD is just as hard-headed as DC and Chicago were and they appeal it. We already know Muller was appealed, so a split among the circuits is a damn good possibility.

[reloaderguy 30]

Don't hold your breath for any change in NJ CCW laws anytime soon cause it ain't gonna happen!

[EchoMirage 137]

"The rights existence is all the reason he needs"

 

Wow- I just keep reading that over and over....

 

found me a new sig

[RubberBullets 65]

Don't hold your breath for any change in NJ CCW laws anytime soon cause it ain't gonna happen!

 

I guess the glass is never half full in your house is it?

[EchoMirage 137]

its half empty and its leaking

[bulpup 98]

And not a single peep yet from the mainstream.

[Ray Ray 3,566]

It's a Zombie defense mechanism, take it up with Ray Ray or further explanations

 

Not sure what that means but the judge in question is a cool kat. I'd buy him a beer if I saw him in an irish pub

[emptyshell 0]

A Judge with common sense, and who understands and respects the Constitution.

Good news...Never thought I'd say this: I'm envious of Maryland.

[areacode201 4]

I wonder what will happen when it gets to the 4th Circuit Court of Appeals. According to wikipedia 5 of the 4th Cir. judges are Obama appointees. 4 Clinton appointees as well.

[RubberBullets 65]

I wonder what will happen when it gets to the 4th Circuit Court of Appeals. According to wikipedia 5 of the 4th Cir. judges are Obama appointees. 4 Clinton appointees as well.

 

It would be given a reason to go to the Supreme Court